How much trouble could I get into if I took my 16 year old son from foster care and I don’t have parental rights?

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How much trouble could I get into if I took my 16 year old son from foster care and I don’t have parental rights?

His foster parents have gaurdianship of my son but they have him living with someone else and the guy that lives there is a felon and he has threaten to kill my son; they are mean to him. He wants to move with me but the family sevice won’t let him. He took off because he doesn’t feel safe there so he had to go to court. Now they are going to place him in a chidren’s home instead of letting me take him. I didn’t even really do anything wrong to begin with when they took him away in the first place. It is not fair to my son.

Asked on May 17, 2011 under Criminal Law, Illinois

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The short answer to your question is that you could get into ALOT of trouble.  The conduct that you are describing could constitute the crime of Kidnapping, not to mention other crimes, such as risk of injury to a minor, etc.  I sympathize with your situation; however, in the eyes of the law you have no legal right to take your son since you are NOT his legal guardian.  However, based upon the facts that you have provided -- that your son is currently at risk and that there was a weak basis for having your rights terminated in the first place, it sounds like you might have an argument for regaining your rights.  I suggest that you consult with a local family attorney so that you can discuss this matter in greater detail and evaluate all options that you have available to you at this point in time.  Good luck.


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